Trusting Connections Nanny Agency

Corporate Childcare Employee Registration Agreement- ASR

Arizona State Radiology Registrant Agreement

    • Trusting Connections, LLC “TC” (“Agency”) and “Client” hereby enter into this Corporate Back-Up Care Registrant Agreement (the “Agreement”). Client understands and agrees that he/she is enrolling in the Arizona State Radiology Corporate Back-Up Care Program which provides temporary sick, back-up and emergency child care services.

        I. Registration and Eligibility:
        A. Client understands and agrees that the Client must register online with the Agency and complete any required Arizona State Radiology paperwork before utilizing agency services. Client is entitled to use back-up care services only if a child is sick, unable to attend school/day care or if the child’s regularly scheduled child care arrangement is unavailable. If the Client wants to use the Agency’s services for care not subsidized by Arizona State Radiology, Client may become an agency member at a reduced membership rate of 50% off any length/type of membership.
        B. The agency reserves the right to refuse service at any time for any reason including, but not limited to, the following:
        1. Hiring an Agency Caregiver outside of the Agency: At no time may Client request services from an Agency Caregiver privately. The Client is not permitted to solicit an Agency Caregiver for hire or employ an Agency Caregiver privately for services not scheduled through the Agency for a period of one (1) year after the last service is rendered.
        2. Claims of Sexual Harassment or Physical/Verbal/Emotional Abuse: At no time may the Client or any member of the Family engage in any such conduct toward an Agency Employee or a child/person in his/her care.
        3. Failure to Maintain Good Financial Standing with the Agency: Accounts more than thirty (30) days delinquent or consistent failure of Client to timely pay for services rendered when due and payable, as the Agency may determine in its sole discretion, will constitute a failure to maintain good financial standing with the Agency.
        4. Unsafe Working Conditions: At no time may the Client or any individual affiliated with Client, allow an Agency Caregiver or the child/person in his/her care to be subjected to unsafe working conditions including, but not limited to, unsanitary household environments, exposure to hazards, illegal substances or activities, etc.
        5. Failure to follow agency policies and/or Arizona State Radiology guidelines which are incorporated herein by reference.
        6. Breach of Contract will also be grounds for revocation of membership and/or program services as the agency determines in its sole discretion. The Agency reserves the right to seek legal remedy at law or in equity, or both, for any and such breaches of this Contract.
        II. Payment:
        A. State Radiology pays TC $38 per hour for services greater or equal to 3.5 hours and $41 per hour for services less than 3.5 hours; Arizona State Radiology will subsidize the full hourly for one usage, up to 10 hours of care, per quarter. Client will be responsible for paying Arizona State Radiology any services beyond the quarterly allotment at the hourly rate of $38 per hour for services greater or equal to 3.5 hours and $41 per hour for services less than 3.5 hours. Pricing is subject to change. TC will notify Client in writing any rate increases.
        B. Client agrees to be financially responsible for the full cost of services for usages not within Arizona State Radiology’s Program Guidelines or approved by Arizona State Radiology. Client will sign a receipt at the end of each shift outlining hours and any additional fees. Client understands and agrees that Arizona State Radiology is responsible for determining what constitutes legitimate use and that Arizona State Radiology will only cover care costs for emergency and sick back-up care. TC charges the full booking even if the caregiver is dismissed early.
        C. The Client must keep a valid credit/debit card or banking account number on file and authorizes TC to automatically charge for services rendered. The Client will be invoiced weekly via email for these amounts in addition to any applicable service fees and will have 24 hours prior to TC submitting payment to the Client’s debit, credit or financial institution.
        D. If any service charges, fees or portions thereof are not paid within fourteen (14) days of invoice, TC will charge interest on the unpaid amount. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid.
        E. If Client’s account is turned over to an agency or other person or entity for collection, all fees and interest, including but not limited to attorney’s fees and costs, incurred relating to the collection activity will be added to Client’s original balance, become payable to TC according to the terms of this Agreement, and Client agrees to pay TC all such fees, costs, and interest.
        F. Finally, Client agrees to pay TC any charge TC incurs if Client’s check or other payment is returned or refused for any reason or pay a $25 bounced check fee, whichever is greater.
        G. Client agrees to provide TC with valid payment information; understands and agrees that TC shall charge Client’s credit card or bank account automatically for all service charges, fees and any other charges owed to TC. If Client fails to pay all fees and charges in a timely manner according to the terms of this Agreement; Client hereby irrevocably authorizes TC to place charges on said account in accordance with this Agreement; and agrees to pay all such charges and fees billed to Client’s credit card or bank account according to the terms of this Agreement. Client will immediately give TC new payment account information should the account on file become invalid for any reason. If TC is unable withdraw payment within five (5) business days of a posted invoice, Client will incur a $25 convenience fee per week.
        III. Scheduling Services
        A. TC does not guarantee service availability. Agency caregivers are scheduled on a first-come-first-serve basis.
        B. To schedule care during business hours, Client should call the agency, email Scheduling Manager or book care online through the Parim Portal. Client should call the Scheduling Manager for urgent or same-day requests. Cancelations may not be made via email. Client understands and agrees that he/she must call the agency to cancel. To schedule care after-hours, Client should call the after-hours line and leave a message if the call is not picked-up. Calls are returned in 30 minutes or less.
        IV. Confidential Information:
        A. Client understands and agrees that, to the maximum extent allowed by law, all information and materials about Caregivers are to be kept strictly confidential and are to be used only in conjunction with Arizona State Radiology Corporate Back-Up services. If Client hires or otherwise engages an agency employee or provides employee information to another party and the other party hires or otherwise engages the Caregiver without compensating TC its full placement fees, Client will be responsible for paying a placement fee in the amount of $3500 as if TC had placed the Caregiver with Client.
        B. TC does not use or distribute personal Client information for purposes not directly necessary for providing proper services. Caregivers are prohibited from discussing personal matters about a Client, the Family or the child or person in the Caregiver’s care with individuals outside of the Agency.
        C. Notwithstanding the foregoing, in the case of abuse or neglect of a minor or a vulnerable adult, TC or its staff reserves the right to report suspicions of abuse to authorities.
        V. Limitation of Liability:
        A. Client acknowledges and agrees on behalf of him/herself and the Family, that: (a) even the most thorough background check and screening process cannot detect every possible human defect, personality trait or idiosyncrasy; (b) the Agency’s employees are subject to an extensive screening process prior to hiring; and (c) the Agency is not responsible for the unauthorized intentional acts or omissions of its Caregivers or the acts or omissions of its Caregivers, intentional or otherwise, if outside the course and scope of employment.
        B. The Client agrees, on behalf of him/herself and the Family, that the Agency will be liable only for any costs, claims, losses, damage, expenses or injury to person or property, including death and personal injury (collectively “Losses”) caused by the gross negligent acts or omissions of its Caregiver within the course and scope of his/her employment with the Agency. Trusting Connections cannot prevent the Client or the Family from becoming exposed to, contracting, or spreading COVID-19 or any other communicable diseases while utilizing agency services or premises. It is not possible to prevent against the presence of the disease. Therefore, if the Client chooses to utilize Agency services and/or enter onto Agency’s premises, the Client may be exposing him/herself to and/or increasing risk of contracting or spreading COVID-19 and/or other communicable diseases. In no event shall either party be liable for consequential, incidental, exemplary, punitive, special or indirect damages of any kind. Further, a party’s aggregate liability for damages of any kind under this Agreement – excluding Client’s potential financial responsibilities in Section II of this Agreement; the fees, costs and interest related to collections as referenced in Section II of this Agreement; and the limitation of liability provision in Section V of this Agreement – shall be limited to the value of the services used in a year or $5,000, whichever is less. If any waiver, exclusion or limitation of damages is not permitted by law, the parties’ liability to each other is limited to the maximum extent permitted by law.
        C. In case of suit arising from this agreement, for enforcement and/or damages for breach or violation hereof, the parties agree that the venue shall be in the proper courts of Pima County only, to the exclusion of all other courts in any other venues.
        VI. Miscellaneous:
        A. This agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Any action or proceeding commenced regarding this Agreement shall be brought in Pima County, Arizona.
        B. This Agreement is entered into by TC and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This Agreement constitutes the entire agreement between TC and Client and supersedes all prior oral and written agreements between TC and Client with respect to the subjects covered in this Agreement.
        C. This Agreement shall not be amended or modified except in a mutually agreed upon writing signed by Client and an authorized representative of TC expressly stating an intent to modify or amend this Agreement.
        D. Client represents that he or she has carefully read and fully understands the scope and effect of all of the provisions of this Agreement; that he or she has had all such time that he or she desires within which to consider this Agreement; that he or she has had the opportunity to consult with an attorney of his or her own choosing and at his or her own expense to review this Agreement; and that he or she has availed himself or herself of this opportunity to the extent, if any, that he or she wished to do so.
        E. The terms of this Agreement are severable. The invalidity or unenforceability of any provision within this Agreement shall not affect the application of any other provision, provided that the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable. Further, consistent with the purposes of this Agreement, any otherwise invalid provision of this Agreement may be reformed and, as reformed, enforced by any party to this Agreement.
        F. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Failure or delay on the part of any party to exercise any right, remedy, power or privilege under this Agreement shall not operate as a waiver of any right, remedy, power or privilege.
        G. Each party agrees that the other party is not responsible for any events or circumstances beyond its control (including but not limited to war, riots, embargoes, strikes and or acts of God) that prevent the party from meeting its obligations under this Agreement.
        H. The rights and remedies provided in this Agreement shall be the sole and exclusive rights of the parties against one another relating to the subject matter of this Agreement.
        I. Section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. Sections 2, 4, 5 and 6 of this Agreement shall remain in effect even after termination of this Agreement.

  • The parties hereby certify, represent and warrant that they have carefully read this Agreement, that they fully understand its final and binding effect, and that they agree to all its terms and conditions.

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